General Terms and Conditions
for users of the marketplace visionpier of
IDS Imaging Development Systems GmbH
1. General provisions, scope of terms
2. Subject matter of the contract, services
3. Conclusion of the contract with the system supplier
4. Model prices, price quotations
5. Warranty and liability
6. Material prohibitions / indemnification
7. Data protection
8. Intellectual property, third party consent
9. Applicable law, place of jurisdiction, written form
1. General provisions, scope of terms
1.1 These terms and conditions apply to the use of the internet platform www.visionpier.de (hereinafter referred to as the “Internet Platform”) of IDS Imaging Development Systems GmbH, Dimbacher Str. 10, 74182 Obersulm (hereinafter referred to as “IDS”), and they shall apply exclusively if the client is an entrepreneur (§ 14 BGB – German Civil Code), a legal entity under public law or a special fund under public law.
1.2 IDS acts exclusively as an intermediary for contracts for complete solutions in the field of image processing in connection with hardware components such as cameras (hereinafter referred to as “Services”) from IDS. Contracts for Services offered via the Internet Platform shall be concluded solely between the user and the respective service provider (hereinafter referred to as the “System Supplier”), but not with IDS.
1.3 The general terms and conditions (“GTC”) that the customer confirms during the process of his request via the Internet Platform, shall apply.
1.4 The terms and conditions of IDS shall apply exclusively. Deviating or conflicting GTC shall not become part of the contract.
2. Subject matter of the contract, services
2.1 With the IDS Internet Platform, IDS provides the customer with a practical tool to search for services from System Suppliers, and, if desired, to enquire them online. The contract for the respective Services shall solely be concluded between the customer and the System Supplier; for those Services, the contract terms separately agreed between the customer and the System Supplier shall apply.
2.2 The IDS enables the customer to enquire the System Supplier via the Internet Platform about their Services described.
2.3 The IDS enables the System Supplier to offer Services and make respective quotations to the customer.
2.4 The respective System Supplier and the customer shall be solely responsible for the System Suppliers’ Service description on the Internet Platform and their content, as well as for the conclusion and execution of the contract.
2.5 The contractual obligation of IDS is limited to the operation of the Internet Platform and the facilitation of a contact between the customer and the respective System Supplier with regards to the contract. The provision of the agreed Service as such shall not be part of the contractual obligations of IDS, and neither shall be telecommunication services of any kind.
2.6 IDS does not guarantee the permanent availability of the Internet Platform. In particular, the Internet Platform may be unavailable during maintenance work carried out on the website. Temporary unavailability of the Internet Platform due to technical malfunctions is not excluded.
2.7 There is no legal claim to be referred to a System Supplier. It may occur that a suitable System Supplier cannot be found.
3. Conclusion of the contract with the system supplier
3.1 The System Supplier’s offer on the Internet platform shall not constitute a legally binding offer. The customer can make non-binding enquiries with IDS about offers that it is interested in via the Internet Platform. IDS then forwards these enquiries to the respective System Supplier. IDS only facilitates contracts via the Internet Platform and does not conclude any contracts itself.
3.2 The customer's request by clicking on the “ENQUIRY” button at the end of the online enquiry process on the Internet Platform shall not constitute a binding offer to conclude a contract for pecuniary interest with the System Supplier. The customer thereby merely expresses its interest in the selected Service. The System Supplier shall contact the customer on the basis of the enquiry in order to find out what particular services are required. Subsequently, the System Supplier shall submit a binding offer to the customer for the determined services. The customer may then accept this offer.
3.3 For the avoidance of doubt: The customer is aware that IDS is entitled to a book statement in particular from the system supplier on the basis of its brokerage activities and thus receives the following information: customer's name and address, customer number (if any), date of order, content and scope of order, date of delivery or partial deliveries and their scope, invoices with date and invoice number, invoice amount, date of payments and amount paid, date of complete settlement, returns and non-execution of transactions with date and reason and conservation measures taken by the entrepreneur in case of cancellation. The customer therefore undertakes not to make any arrangements with the system supplier to the effect that prevents the system supplier from transmitting the issue of a book statement, in particular the above-mentioned information.
3.4 Details of how the enquiry process works, how the customer can recognise and, if necessary, correct input errors in the enquiry and how the contract between the System Supplier and the customer is concluded, can be found on the IDS website at visionpier.com.
4. Model prices, price quotations
Prices provided by the System Supplier in its Service description on the Internet Platform shall not be binding. The prices stated there are merely non-binding model prices which are intended to give the customer a rough idea of the financial expense to be expected for the selected model of Services. The final price shall be stated and agreed separately in the contract to be concluded, if any; also, the final price depends on the specific Service agreed. The final price is therefore determined solely by the specific Services contracted and the separately concluded fee agreement.
5. Warranty and liability
5.1 IDS does not provide any warranty for the availability of IT services.
5.2 IDS is liable for damages - irrespective of the legal grounds - within the scope of liability for intent and gross negligence. In the case of negligence, IDS shall be liable, subject to statutory liability limitations of liability (e.g. due diligence in own affairs; insignificant breach of duty), only
a) For damages arising from injury to life, the body or health
b) For damages arising from the breach of a material contractual obligation (obligation, the fulfilment of which is a prerequisite for the proper performance of the contract in the first place and on the observance of which the customer regularly relies and may regularly rely on); in this case, however, IDS’ liability shall be limited to compensation for the foreseeable, typically occurring damage.
5.3 In other respects, liability shall be excluded.
5.4 The limitations of liability resulting from clauses 5.1. to 5.3. shall apply to third parties as well as in the event of breaches of duty by persons (also in its favour) whose fault IDS is responsible for, according to legal statutory provisions. They shall not apply in the event of fraudulent concealment or assumption of a guarantee by IDS and for claims of the customer under the Product Liability Act.
Please note: IDS accepts no liability whatsoever for the Services offered by the System Suppliers. IDS only operates as an Internet Platform. The System Suppliers themselves shall be exclusively responsible for the content of their advertisements.
6. Material prohibitions / indemnification
6.1 The customer undertakes not to post any content and data that is punishable by law or otherwise illegal in absolute terms or in relation to individual third parties, and not to use any programmes containing viruses or other malware in connection with the software. In particular, the customer agrees not to use the software to offer unlawful services or goods.
6.2 In the event of a breach of clause 6.1, the customer shall indemnify IDS against any liability and all costs, including the costs of legal proceedings, on first demand, if a claim is made against IDS by third parties. IDS shall inform the customer of the claim and, insofar as this is legally possible, give the customer the opportunity to defend the asserted claim.
6.3 In addition, the customer shall be obliged to provide IDS, immediately upon request, with all available information about the facts of the claim in writing. Further claims for damages shall remain unaffected.
7. Data protection
The confidential handling and protection of personal data is of great importance to IDS. Further information can be found in the IDS data protection information notice.
In accordance with Articles 15-20 GDPR, the customer shall be entitled to request information, deletion, restriction of processing and of transfer of his personal data, and, in the event of inaccuracy, to request correction of the same. Upon request, the information may be provided electronically.
8. Intellectual property, third party consent
8.1 The content published on this website may constitute intellectual property and is subject in particular to German copyright law and performer’s rights protection. Any use not permitted by intellectual property law (in particular copyright law and performer’s rights protection) requires the prior consent of the respective owner of the rights. This applies in particular to the copying, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. The rights of images in the profile belong to the respective customer or service provider, not to IDS as host provider. By uploading images etc., the customer declares to be in possession of the respective right to use the images.
8.2 On all content and data generated, transmitted, stored and published by it, the customer grants IDS a transferable and sub-licensable, irrevocable, royalty-free, non-exclusive right of use, geographically unrestricted for the purpose of executing the contract. Accordingly, IDS is entitled to unrestricted use of all content, including editing, copying, modifying, translating, creating and adopting from and in derivative works, provided that this serves the purpose of contract performance and service provision by IDS.
9. Applicable law, place of jurisdiction, written form
9.1 This contract shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has its habitual residence, e.g. consumer protection regulations, shall remain unaffected.
9.2 For all disputes arising from or in connection with these General Terms and Conditions and/or the subject matter of the contract (see clause III.), it is agreed that the district court of Heilbronn (Landgericht Heilbronn) shall have exclusive jurisdiction; this agreed choice of forum shall only apply to merchants and legal entities under public law.
9.3 Amendments to this contract must be made in writing. A waiver of the written form requirement must also be in writing. The priority of an individual contract, even if verbal, according to § 305b BGB shall remain unaffected.
General Terms and Conditions
for users of the marketplace visionpier of
IDS Imaging Development Systems GmbH
ids-visionpier-gtc-en.pdf (93.5 KiB)